Birth Injury Lawyer Denver, CO
If your baby was harmed during pregnancy or the birthing process as a result of a medical misstep, please connect with a birth injury lawyer Denver, CO residents trust and please do so today. Please schedule a consultation with the experienced Colorado legal team at Richard J. Banta, P.C. today, even if you’re unsure of exactly what led to your baby’s injuries and whose fault those injuries were. Why? Physicians, nurses, and hospital administrators are human. They make mistakes from time to time, as all humans do. Similarly, as most humans do, these professionals may downplay (knowingly or unknowingly) their role in the harm they cause when they misstep. Therefore, it isn’t always easy to know at first glance whether a baby’s suffering was caused by medical negligence or recklessness. Our firm’s experienced Denver, CO birth injury lawyer can look into your child’s situation to clarify what happened and what your legal options are at this time. It’s important to act quickly, as these cases are time-sensitive and your ability to present a strong case may become compromised if you wait too long to act.
Can I Sue if My Baby Was Harmed During the Birthing Process?
As a new parent, you are almost certainly overwhelmed and sleep-deprived. As a new parent of a baby who experienced trauma in-utero and/or during the birthing process, you’re almost certainly angry, grieving, frustrated, and confused about what comes next. It’s important to understand that our firm handles the legal “heavy lifting” of our clients’ cases so that they can keep their focus on their family during this particularly challenging time of life.
It may be necessary to investigate your child’s case to some extent before we can advise you of the relative strengths and benefits of that case. Generally speaking, successful medical negligence lawsuits must prove three things:
- The healthcare provider owed your baby a “duty of care”
- The healthcare provider breached that duty
- As a direct breach of that duty, your child suffered an injury
No two medical negligence cases are exactly alike. As a result, it’s important to avoid making assumptions (either for better or for worse) about your legal options before you’ve spoken with our firm. Proving the first point noted above usually isn’t difficult. But proving the second two points is a highly technical business. It can’t be emphasized enough that it isn’t your responsibility to prove these points, it’s our responsibility to determine whether they can be proven. Your job is to focus on your family right now. We’ll handle the legal side of things until we can advise you of your options in ways that allow you to make informed opinions about whether you want to pursue legal action or not. In the event that you have grounds to sue and choose to do so, we will represent your interests vigorously, with great focus and determination, compassionately, and with respect.
Legal Assistance Is Available
Please don’t hesitate to schedule a consultation today. You have nothing to lose by taking this confidential, no-obligation, free meeting with our firm. Our experienced Denver, CO birth injury lawyer looks forward to speaking with you.
Common Causes of Birth Injuries
While not all birth injuries are caused by medical malpractice, some of them are. Medical negligence occurs when a doctor’s performance falls below the standard of care expected in the medical community. Here are some common causes of birth injuries in the delivery room.
- Improper Use of Vacuums: Doctors may use vacuums when mothers have difficulty pushing an infant out of the birth canal. These devices are latched onto a baby’s shoulder or head and guide the baby through the birth canal. If a doctor doesn’t place the vacuum correctly on the infant, injuries can result.
- Improper Use of Forceps: If the infant is improperly positioned in the womb, a doctor may use forceps to help the baby get out. If the doctor uses the forceps incorrectly, it could restrict the infant’s oxygen, causing cerebral palsy and other conditions.
- Hypoxia: If an infant is not getting enough oxygen during the delivery process, hypoxia can result. Whether hypoxia is due to a tangled umbilical cord or infection, it can lead to severe physical and physical and mental disabilities. As a birth injury lawyer in Denver, CO can confirm, doctors are trained on how to detect hypoxia in advance to reduce the chance of harm in the infant. If a doctor fails to do this, he or she may be held liable.
Different Birth Injuries in Infants
Most doctors are highly skilled and do everything they can to prevent birth injuries. However, if they are fatigued or not paying careful enough attention, they could make a mistake that results in injuries to the infant. Birth injuries can be devastating and life-altering. Here are several birth injuries that can result from a doctor’s negligence:
- Erb’s palsy
- Cerebral palsy
- Facial paralysis
- Brain damage
- Shoulder dystocia
- Brachial plexus palsy
- Clavicle fracture
Damages in Birth Injury Cases
If your child suffered a birth injury from a doctor’s negligence, a birth injury lawyer in Denver, CO may help you recover several types of damages. These damages can provide compensation for losses suffered from the negligence. Common damages in these types of cases include:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of companionship
- Loss of life’s enjoyment
If the court determines the doctor’s actions are very appalling, you may also be able to obtain punitive damages. These damages are meant to punish the defendant for gross negligence.